rule 2
Repeal of Bhavnagar Mercantile Disputes Settlement Rules and provision for disposal of pending cases
The Bhavnagar Mercantile Disputes Settlement Rules (Repealing and Consequential Provisions) Act, 1961General19614 rules
Statutory text
- (1) Tharav No. 299, dated the 7th of January 1904, made by the Ruler of the former State of Bhavnagar, as amended by Tharav No. 740, dated the 24th May 1904, and further amended by Orders No. C/2P
- (2) 1216, dated the 1st February 1949, and No. CB/III/6066, dated the 21st June 1950, of the former Government of Saurashtra, is hereby repealed, and the Rules relating to the adjudication of disputes therein contained ( hereinafter in this Act called " the Rules " ) shall cease to have effect.
- (2) All proceedings specified in Part I of the Schedule, instituted or purported to be instituted under the Rules, and pending before the Port Officer, Bhavnagar, on the date of the commencement of this Act, shall stand transferred to the court of the Civil Judge ( Senior Division ), Bhavnagar, and the said court shall dispose of such proceedings in accordance with the provisions of the Code of Civil Procedure, 1908, and all other laws relating to such disputes, as if they had been originally instituted in that court.
- (3) All appeals specified in Part II of the Schedule, instituted under the Rules and pending before the Collector of the Bhavnagar district on the date of the commencement of this Act, shall stand transferred to the District Court, Bhavnagar, and the said court shall dispose of such appeals in accordance with the provisions of the Code of Civil Procedure, 1908 and all other, laws relating to such disputes as if the appeals had been preferred to it from original decrees.
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